Kyrgyz Republic v. Petrobart Limited

Abstract

Arbitration — Challenge to validity of arbitral award — Whether valid arbitration agreement between parties — Section 34 of Swedish Arbitration Act — Whether sale and purchase agreement for condensed gas constituting investment under Energy Charter Treaty, 1994 — Whether administrative errors affecting outcome of case — Whether Swedish court to set aside Arbitral Award II

Treaties — Energy Charter Treaty, 1994 (“ECT”) — Interpretation — ECT provisionally applicable to Gibraltar — Gibraltar not mentioned in ratification instrument — Whether ECT applicable to Gibraltar

Foreign investment — Definition of investment — Energy Charter Treaty, 1994, Article 1(5) and (6) — Whether condensed gas agreement constituting an investment under the ECT

Costs — Litigation costs — Whether requested amount reasonable — Interest